The Socio-Economic Rights and Accountability Project (SERAP) has taken legal action against Professor Mahmood Yakubu, the Chairman of the Independent National Electoral Commission (INEC), for his alleged failure to probe and address electoral misconduct linked to the 2023 general elections. SERAP’s contempt lawsuit claims Professor Yakubu did not investigate accusations of bribery, vote-buying, and other offences, nor identify and prosecute those responsible.
On July 18, 2024, Justice Obiora Atuegwu Egwuatu of the Federal High Court in Abuja directed INEC to pursue cases of bribery involving state governors and deputies, along with other electoral violations during the 2023 elections. The court also mandated INEC to seek independent counsel for investigating these allegations. However, SERAP argues that INEC and its chairman have neglected this court ruling.
In a formal notice of contempt, the Federal High Court in Abuja cautioned Professor Yakubu that continued disregard for the judgment could result in jail time. The court notice reads, in part: “Unless you obey the Orders contained in the Judgment of the 18th July 2024… you will be guilty of contempt of Court and liable to be committed to prison.”
On October 27, 2024, SERAP’s Deputy Director, Kolawole Oluwadare, issued a statement emphasizing the significance of upholding court rulings for the rule of law. “It’s unacceptable to take the court, which is the guardian of justice in this country, for a ride. A democratic state cannot exist if INEC and its chair routinely ignore and/or fail to abide by court orders,” the statement noted.
SERAP highlighted that despite serving INEC with a certified copy of the court’s judgment, Professor Yakubu and the commission have yet to act on it. They pointed out recent electoral offences in Edo State as evidence that INEC has not effectively addressed electoral misconduct, warning of potential repeat issues in the upcoming Ondo governorship election.
Justice Egwuatu, in his judgment, remarked that the persistent electoral violence prevents citizens from exercising their voting rights and undermines the credibility of elections in Nigeria. “Electoral violence and crimes committed during elections in Nigeria remain a serious obstacle to democratic and economic progress,” he noted.
The judgment included several orders compelling INEC to act:
First Order of Mandamus: Directs INEC to appoint independent counsel to investigate electoral offences, particularly those implicating state governors and their deputies in the 2023 general elections.
Second Order of Mandamus: Requires INEC to thoroughly investigate and prosecute cases of electoral violence from the 2023 elections.
Third Order of Mandamus: Instructs INEC to prosecute all arrested electoral offenders held by law enforcement agencies.
Earlier, on July 20, 2024, SERAP urged Professor Yakubu to implement the court’s directive and address electoral offences, particularly those involving state officials. SERAP’s contempt action is filed under Section 72 of the Sheriff and Civil Process Act, along with Order IX, Rule 13 of the Judgment (Enforcement) Rules of Court.
A hearing date for the contempt suit has not yet been set.
Join our WhatsApp Channel for Updates